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Post Info TOPIC: Union representative and employer grossly misled my arbitration case
Anonymous

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Union representative and employer grossly misled my arbitration case
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I believe that my union rep and the employer grossly misled my arbitration hearing which resulted in me receiving an arbitration award of dismissal in the employers favour. My above case was handled very fleetingly by my union rep even though I put to him all my crucial evidence to prove my innocence which he opted not to use or gave me the impression it was ' irrelevant' also my disciplinary recordings which clearly showed bias on behalf of the employer and the chairperson and the vital evidence that came to light on said recordings was never made available to me throughout my appeal or my arbitration hearing. I requested my representative to obtain the recordings from the employer and according to him when I asked about it during my arbitration case it was sent to him via email but he could not open the link that the employer had sent. My arbitration was finalised in December 2020 and I only received the recordings in February 2021, two months after my arbitration case was finalised. I asked my union to apply for an arbitration aware review but was told I had to prove that the commissioner was at fault and that would be the only way for me to obtain above aware. I asked the union how do i prove that the commissioner was at fault if I know that the commissioners findings is based on how my case was represented. I informed my union that I am fully aware that my representative was at fault and that he had misled me for whatever reason or reasons he had.I was dismissed by the union coming back to me and saying that they cannot do anything for me anymore and that my case was done.Those recordings was vital to my case and besides that did I not have the right to have it heard by the commissioner in my arbitration? A few of my rights as an employee was blatantly abused but that was never even breached by my representative at my hearings. So many discrepancies in my case way to much to even mention here. When I listened to my disciplinary recordings on 14/15/16 February 2021i realised that it had been tampered with and that testimonies that people had given was not evident on the recordings i brought this to my unions attention but that was also not considered and to date I have had no response from them. I need to know how do I go about calling this representative to book because he clearly either sold me out to the employer or he just did not handle my case with the integrity or the consistency I had been,under the impression he would. He clearly misled and misrepresented me even though I trusted him fully because it was supposed to be MY UNION!!!! PLEASE ADVISE ME ON THE WAY FORWARD. My employers case was solely based on circumstantial evidence and fabrication which is clearly evident in my disciplinary hearings recordings but seeing that my rep did not make the recordings a vital and crucial factor in my arbitration case and also lots of other evidence that was made available to him was never even breached I am now a father of 3 children and a husband who is unemployed. I desperately need to know what I am to do? A gross act of injustice was put upon me and I need to know where to from here to get the justice I deserve. Thank you

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Anonymous

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Why have I not received any response? Please advise , I do not know what to do. Thank you.

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Anonymous

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Hello Anonymous

 

Once a matter has been heard at the CCMA/ Bargaining Council there is no right of Appeal as there is from a Magistrates Court.

That means that the law does not offer you the ability to take the matter on Appeal.

What the law does allow is for the matter to be taken on Review to the Labour Court. Review however is different from Appeal in that the court does not look at the merits of the finding but the procedure used to arrive at the finding. This would mean that the Commissioner would have had to have acted contrary to the rules. So it has more to do with how the proceedings have been carried out rather than the decision that was arrived at.

Needless to say you absolutely will need an attorney to bring a Review Application since this will have to take place in the Labour Court which is a step above the CCMA.

 

You will also need to prove a bias on the part of the Commissioner which would have to include concrete evidence of bias such as e-mails/phone calls between himself and the employer confirming that he will rule against you. Remember everyone who looses a case in the CCMA believes that the Commissioner was biased so you will have to rely on more than just your view to prove an illegal connection between the Commissioner and the employer. 

 

You will also need to hurry as you have 30 days to refer the matter to the Labour Court. Also you will have to make available funds to cover this as legal proceedings can be costly.

 

As far as trying to take action against your union representative that is something that would have to be taken up with the union and if they choose to defend him then there is nothing else you can do about it.

Hope this assists

 

KM, Labour Protect

 



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